S.B. No. 1937, introduced by Hinojosa of Hidalgo, aims to enhance the procedures for testing biological evidence in capital cases where the death penalty is sought. The bill amends Articles 38.43(i), (j), and (k) of the Code of Criminal Procedure to require that the state mandates nuclear DNA testing on biological evidence collected during the investigation of a capital offense. The testing must be performed by either the Department of Public Safety or an accredited laboratory, with the laboratory responsible for covering the costs of the testing. Additionally, the bill establishes a process for the state, a subject matter expert from the testing laboratory, and the defendant to confer on which biological materials should be tested. If there is disagreement, a court hearing can be requested to resolve the issue, with a rebuttable presumption favoring the defendant's request for testing.

Furthermore, the bill stipulates that if any biological evidence is lost or destroyed during the nuclear DNA testing, the laboratory must provide the defendant with any related bench notes and results from the testing. The provisions of this act will apply to capital cases with indictments filed on or after its effective date of September 1, 2025, while cases with earlier indictments will continue to be governed by the previous law.